Can One Party In A Separation Be Made To Pay Rent To The Other?

When a couple goes through a separation it may be assumed that the parties involved cease living together. Often, one spouse may stay in the home temporarily or permanently, while the other moves out. But settling the division of property in a separation or divorce could take years. What happens if during that time one spouse pays off the mortgage on the matrimonial home or benefits from an increase in its value? Is it fair for the other spouse to continue to pay rent while the other lives mortgage and rent-free? Such a question was recently put before the Ontario Superior Court of Justice. Deciding to move out The couple was married in 1985 and began experiencing difficulties in the marriage in 2000. The wife declared she wanted to separate in August 2009 while the couple was going through marriage counseling. She began looking for accommodations and moved out one year later in August 2010. At the time the wife moved out, an equalization payment would only have amounted to…

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